Judge: Nathan R. Scott, Case: Bates v. Bates Smyth, Date: 2022-09-09 Tentative Ruling

Plaintiff John Michael Bates’s motion is denied.

It appears that the motion is largely moot, as Ms. Rodriguez has left the property and plaintiff now has access to it.  (See Opp. at p. 5; see also Smyth decl. ¶¶ 6, 11.)  As no one is even arguably a tenant now, Civil Code section 1954 is inapt. 

At this point, plaintiff’s request to make repairs seeks a mandatory preliminary injunction in advance of a partition judgment and possible sale.  Plaintiff fails to show this is an “‘extreme case[]’” that “‘clearly establish[s]’” a right to such an injunction.  (Integrated Dynamic Solutions, Inc. v. VitaVet Labs, Inc. (2016) 6 Cal.App.5th 1178, 1180 (IDS).)

Plaintiff did not raise the listing dispute until reply.  The court will not address it.  (See Magic Kitchen LLC v. Good Things Intern. Ltd. (2007) 153 Cal.App.4th 1144, 1161.)

Plaintiff shall give notice.